Wednesday, October 01, 2008

Bexar County probation director Bill Fitzgerald continues to defiantly refuse to allow confirmation tests for probationers' urinalysis screenings, reports the San Antonio Current, which observes that, "By any measure, the department today is a house on fire and the only ones who can intervene, Bexar County’s local judges, have chosen to remain silent." After the agency earlier this year switched to a private treatment provider with laxer testing standards:

One 20-year employee, who asked not to be identified for fear of retaliation, said she’d never seen such an explosion of obviously bad data — or such a poor administrative response to a critical situation. “I’ve never worked for an administration that didn’t care [if] false positives were occurring,” she said. “And then, to cover it up … as if they weren’t occurring.”

Fitzgerald's policy change to privatize drug testing services and disallow confirmation tests has already led the department to accuse demonstrably innocent people of drug use while on probation, the Current reports. By contrast, confirmation is routinely offered by probation departments in other large Texas counties.

Skirmishes over the contract with Treatment Associates have also drawn renewed attention to the department’s drug-testing policies in general. Shutting down the department’s old drug lab isn’t the only change five-year veteran Fitzgerald has made during his tenure. He also ended the department’s practice of seeking confirmation tests for any dubious or disputed test results.

While former adult-probation director Caesar Garcia agreed that the department’s in-house drug-testing operations had received some black marks in the past, he said confirmation tests were performed when probation officers requested them. It’s an assertion backed by several officers interviewed for this article but strenuously denied by two-year employee Cline, who did not work with Garcia during his 25-year reign as director.

The probation department relies on “dip” tests for proof of drug use. Dip tests consist essentially of dropping a sensitized paper into the pee cup and waiting for the appearance of positive lines, not unlike many home-pregnancy tests. ...

“Normally, if the client doesn’t admit to it, there’s no way in hell they’re going to ever be able to prove that case up,” he said. “The probation officer’s not a chemist, and the test isn’t scientifically validated. It’s not even admissible.”

Most officers use the tests to confront their clients and angle for a confession. Many defense attorneys even take the findings at face value and try to work plea deals based on their results. Certainly, they are accurate the majority of the time. But they fail enough that any time a result leads officers to seek to revoke a client’s probation, all other major cities in the state surveyed for this story offer confirmation tests. Probationers in Bexar County, however, aren’t even told they have the right to take a more conclusive test.

“No,” one Bexar County officer told the Current. “That information is not being offered.”

Though it's not the kind of thing the state's various law-school based innocence clinics work on, this is as much an innocence issue as the guys getting out of prison after decades based on DNA evidence, though typically the wrongful punishment isn't nearly as severe. If you're accused by a false positive and the department knows that routinely happens but refuses to order confirmation before taking action based on a dip test, to me that's willful negligence - particularly given that they fired the whistleblower who complained.

Current writer Greg Harman posted an audio file of his interview with Kathleen Cline from the Bexar probation department, so you can hear the full thing if you'd like. At the tail end, I was flattered to hear Cline advise Harman to "get on Grits for Breakfast and do a little research"; nice to know Grits is where primary sources send reporters for their information! ;)

So-called “false positives” can come from a variety of factors. Here is just a sample.

Marijuana? Other candidates may be Dronabinol, Advil, Motrin, Midol, Excedrin, Aleve, Phenergan, niacin, hempseed oil, or a kidney infection. Being dark-complected can also put you at higher risk of a positive test, as the body flushes excess skin pigmentation, or melanin (which resembles stoner construct THC), from the system.

40 comments:

Anonymous
said...

"Willful Negligence" is only the tip of the ice-berg pertaining to Bill Fitzgerald's tenure. When is the Attorney General's office, the F.B.I. and or the Texas Rangers going to investigate other corrupt situations by Fitzgerald and his cronies.

For example: What about the 15,000 urine samples that were tossed down the drain which lead to doing business with the agency (Treatment Associates).

Why did'nt those same plastic Judge's take any disciplinary action against Fitzgerald. He should have been prosecuted for his gross negligence in dumping those urinalysis. Remember, were talking about 15,000 urinalysis which equals 75,000 possible drug test.

Well, guess the audio clearly shows that Retaliation i.e, the HITLIST does exist at the Adult Probation Dept. Fitzgerald continue sending your Hell Hounds after UNION members and eventually you will all burn together. Also stop telling new officers to not associate with Negative people when you and your Admin. are the perfect EXAMPLE!!! Do us all a favor (LEAVE)!

1.05 In order to ensure that all supervision officers maintain the highest level of professional standards, that the integrity of the Criminal Justice System is fully preserved, that the mission and goals of every Community Supervision and Corrections Department in this state are faithfully accomplished and that the people of this state and in each local community are served with honor and dedication, the Community Justice Assistance Division of the Texas Department of Criminal Justice propounds a code of ethics be adopted and implemented by every Community Supervision and Corrections Department in this state and by its officers and employees.

"These very people that you're talking to...flavor..what their issues really are..disdain for Fitzgerald," Cline

I for one am glad to be associated with those "very people". Fitzgerald, Cline, Esquivel, Boor, etc. have earned nothing more than disdain. To include making a mockery of the Code of Ethics they are supposedly enforcing.

"Only in a FEW cases did it come back negative." Minimizing behavior. "And it's not our motion.." Rationalizing behavior. "Very often a MTR is not filed..if rarely ever." As per the presentation put forth to Bexar officers by CJAD,BEXAR'S REVOCATION RATE WENT UP. ALL other major counties's rate went down.

I just don't understand. How Fitzgerald & the Judges can listen to Cline for more than a minute and not see that she is incompetant? She's an attorney that doesn't know the law, she micromanages the probation department when she's not an officer and doesn't/can't understand what an officer does. And most recently has taken to micromanaging Probation's IT department when she knows NOTHING about computers either! Hello? Bill -- Can you create a position for me that pays me a lot of money to be in charge of things I don't know anything about? I can do that!

We don't CARE. We do have many issues, VALID ISSUES. This wasn't a ploy we set up. We don't recruit people to set you up. Fitzgerald, Cline, Doc, Minerva you'll set this up. You set the example that there was only a FEW that returned negative. So, those FEW are screwed. This just broke the camel's back. A fine example of disconnect displayed by this administration. You reap what you sow.

Ergot is a fungus, or mold, that grows on Rye-grass under humid and moist conditions. Ergot can kill small livestock, such as goats, if they get too much of it.

LSD was originally derived from Ergot; by Sandoz, as I recall.

There was speculation by some historians that ergot poisoning was the direct cause of the witch hunts in Salem, Mass., of long ago and of historical fact.

Researchers say they located the homesteads of the people who claimed to see demons and such in the lower areas of Salem Township, using ancient maps of the Township. The people of Salem Township typically grew rye for the flour it provided for them. It is theororized that the flour was contaminated with ergot. Leading to the hallucinations of witches and demons, on the part of some of the people who ate the ergot: ergo.

I had goats on my place years ago, before I learned of the danger of ergot poisoning. I generously seeded a small pasture with rye grass for late winter and spring grazing for the goats. One of them, a young doe, died, unexpectedly and with no sign of trauma. My vet suggested ergot poisoning.

I've ofter wondered what that goat hallucinated as it was dying.

Do you know that the word "capricious" is based upon the Greek word for the beautiful, delightful jump and twist that young goats make when they are happy?

Can anyone tell me why the probation department in Bexar County types the Motions to Revoke probation? I've never heard of any other county doing that. According to the penal code, the District Attorneys' office should be typing them. SO, doesn't it appear that there is a conflict of interest?

Kathy Cline, You are a LIAR and a COWARD. You know absolutely NOTHING about the day to day WORK of a probation officer! The departments UA lab was undermanned and that was why there was a backlog. Your IDOL Fitzgerald refused to give that lab enough manpower to adequately take care of all the UA's done each day. You made FALSE statements on your interview with Mr. Harman. But then, why would you care about the truth, you and you band of IDIOT'S do whatever you want and could care less who gets hurt, whether an innocent probation officer OR probationer! You ony care about going to Las Vegas and the LARGE raises you and the administration just received, while the rank and file get a pitance. Bill Fitzgerald, with you as his co-pilot has driven this OUT OF CONTROL BUS into the perverbial CRAPPER!God help us all!!!!!!!!!!!

She's a LAWYER and the Chief's legal adviser????? Are you kidding me? No wonder he's in trouble. She probably wants his $135,000 job for herself. I'm glad she's at probation, so she can't ever represent me or my family. It woud be JAIL/TDC for sure if our freedom depended on her SMARTS(?)

OMG I'm still just halfway through the audio and Kathy Cline: YOU ARE AN IDIOT! You have no idea what you are talking about. Were you not in that UA lab "training" talking about GC/MS and dipstick test, etc-??? So how do you not know what GCMS is?? I know you were there b/c you were the one who acted a fool and yelled at a probation officer telling her she was out of line when in fact, it was the TA owner who was out of line- and then you! You started yelling like you were in charge- which you weren't at the time- and then stormed out!? You are a liar and you don't even know what you are talking about. How can you say "they" don't care when it's "their" jobs that they are trying to improve.

The only thing worse than a Fitzgerald interview is a Cline interview! Looks like "those people" are right!!!!! Retaliation at it's best.

Good job Harman! There were more lies being spread by Kline than a normal Fitzgerald interview.

We need some help here... this is a damn shame...officers are being forced to violate civil rights by sending violation reports to the District Attorney.

All can see now!!!! What lawyer spreads that crap that you can be arrested and then prove you are negative......the state has to prove the case.......why send people to jail on a test that is not good in court??? How about the fact the states right hand the probation department knows the tests are crap. Cline you seem worse off than Fitzgerald at least he is not flapping his gums like an idiot. If you really believe all that stuff you put out then get ready for more lawsuits!!!!!

Where is that integrity unit Harle is on?????? Hello Houston and Harle.....Fitzgerald and Cline just got caught with both hands in the cookie jar. Call the Rangers in this is clear illegal behavior!!!

How is Juge Harle on that integrity panel with this in his backyard??? Grits??? Guess he is not attending those meetings???Maybe someone on the panel should ask him if there is an integrity problem in Bexar???

How did this lab qualify for this contract?? It is a dip stick building only?

This lab also provides treatment? Major conflict, positives mean the defendant needs treatment? I smell kickbacks??

This whole thing needs a closer look? Sorry Bexar not trying to make you look bad but as an outsider this needs an outside investigator? Seems like the DA fell asleep at the wheel.....This seems like a national issue hope other counties are not sending people to jail like Bexar. Hope other states are also doing this right.

These are the FACTS:1) Bexar County CSCD is in major turmoil.2) There is no longer any trust between Officers/Supervisors/Judges/or ADAs(we omit administration because they're so BAD how can they count.)5. Fitzgerald is a breast-groping, drunken incompetent.6. Kathy Cline is his enabling Shrew.7. Criminal Judges are pious fools holding on to ridiculus pride.8. The COMMUNITY and probationers are all the THEIR whim.

Why do some people think that Susan Reed would care about anyone being wrongfully locked up? Hasn't she made it plain throughout her career that she will never, ever publicly acknowledge the possibility of a wrongful conviction or probation revocation in Bexar County. And as for Judge Harle being on an integrity panel - what a joke! One of the major problems with this whole farce, however, is the ever-supine Bexar County defense bar - mostly a bunch of losers who couldn't get a job in a real law firm and who would rather see someone go to jail for no good reason than stick up for their clients. Oh, and don't expect the "Public Pretender Office" to fight for you if you are revoked and want to appeal your revocation. The "Welfare Queen" a/k/a Public Defender Angela Moore has better things to do - like spending half her days socializing with her buddies at the DA's office.

To all the Righteous and Honest employees of the Bexar County Adult Probation Department:

History has shown all CORRUPT Individuals AND Agencies will have their day in a Court of Law and that Public Opinion will change things for the masses.

Have patience and wait for the TIDE to turn for the better.

I heard of an individual who took on the U.S. Government on their own and won. That same individual has taken on many other challenges and has prevailed in bringing positive change for their fellow mankind.

Bexar County and all you Corrupt officials hold on to your hats because your day is coming.

Part of Amendment V of the Bill of Rights states, "No person shall be deprived of life, liberty or property without due process of law" It's just not right to deprive a person of their liberty by putting them in jail as the result of a false drug screen. Due process is what our nation was founded on.It's one of our fundamental rights.

Cline, Thanks for referring Harman to Grits for Breakfast you were very helpful. Can someone please, explain why such a Fine,Qualified lawyer(NOT) like Cline would be working for Probation and not at the Courthouse? Lastly, stop lying about the lab and try not to be so Mean, Nasty, Vicious and Ugly to others. Your reputation is MUD!!

How much is all this gonna cost the tax payer? I see civil rights lawsuits poping up from now until Bexar Probation becomes aware of the world around them and comes out of this police state mentality. The tape shows a very silly lawyer that has no idea on the facts.

I must say I am one of those people that unfortanetly had to go through 6 weeks of being locked up and kept from my children.

Not only did this affect me, but my children the most importnant thing to me they did nothing to deserve not knowing what was going on there moods changed dramatically they did understand what was going on except for I was in jail and they didn't know for how much longer.

My lawyer asked for a confirmation test and I had already had a hair folicle done that came back stating I was not using and the DA still tried fighting it coming up with the isse that a hair folicle does not show a one time user yet they had two UA's they said were dirty for ampth and opiates a week a part sounds like that's more than an occassional user.

So the DA said I needed to sit in jail till the conformation came back and we would re-set my court date for the following week or if I didn't agree I could sit in jail till they could offer a jury trial that would take about 1-2 months. I knew I had nothng to hide so I agreed to have a confirmation run on my UA.

The day before my court date my attorney touched base to make sure I was in deed on the docket since we had a lab specialist scheduled to come in to explain the hair folicle. I was never pulled from jail that morning my husband was furious as was my lawyer what happened why did my name come off the docket?

After all this I was furious I had already spent 6 weeks away from my family. The bills were starting to go unpaid with 7 kids and only my husbands income and te cost for the attorney, hair folicle. and ect. So I decided to write my lawyer a letter, but I mailed it to my husband who after reading it went to the lawyers office and handed him the letter and said my wife wrote this read it.......I won't get into detail with what my letter said, but a part of my letter said he was playing games with the DA and to stop going to them go straight to the judge's chambers and show are side so he did, but I got a bond instead which I asked my husband not to use our mortgage to bond me out I didn't want my children to loose their home we just moved into it 7 months before all this happened, but he made it loud and clear our home wasn' a home with out me there so he bailed me out.

I still remember the look on y children's faces when they saw me it was like their heads did a double turn and they couldn't believe their eyes.

They next day I was in the hospital in pre-term labor cause they had never trated my blood plattletes and they had droped below 74 and was a high risk and was causing me to go into pre-term labor. At a week old he under went surgery at Santa Rosa a mother's worst nightmare her newborn baby under going an operation.

We ended up going to court after I aired on the news and all they did was explaing they were dropping the MTR cause Treatment Associates lost my UA. I never even went before the judge.

It cost me over $5,000.00 we have been struggling for sometime to back on track 10 weeks of no work put a hurt and then all the additional costs to hande this matter and still I get asked if I'm going to make a probation payment heck no not in till my family gets back on their feet we feel 2 1/2 months behind on our mortgage and I think my children will have a place to lay ther heads with no worries before I make any payment towards probation fees.

The sad thing is the damage it causes family and the effects it has on our children and lved ones. If if you prove your innocent you still don't get that time lost with your children I had a one year old at the time and for awhile after I got home I kept telling my husband he's mad at me he won't even let me rock him to sleep he would cling to my husband. It took about four months till it seemed like he forgave me or just got over being mad.

I really feel like they covered this up and to be honest Sherri Simoneli is my hero cause if she had not spoken out would I be one of those in prison for a dirty I didn't do. How many are out there that could not afford to fight it and took a plea or pleaded guilty.

On probation or not be are paying our price it still doesn't mean we get to be treated unfarily or people should cover matters up when it comes to matters like this cause what it does is makes you no diffrent from us and in due time it will catch up to.

Aside from Mrs Simoneli being your hero, there is another hero you and all of Bexar County and the citizens of Texas will soon hear about.

This probation officer was wrongfully terminated doing his job protecting society which were High school students from a known drug dealer/user (The drug of choice was COCAINE). The drug dealer/user was a probationer on his caseload. The Judge he was assigned to when that officer was employed had first hand knowledge the probationer had supplied drugs to High school students.

This officer has a pending Federal Lawsuit which is expected to go to court early next year.

Nothing make's sense as to why the Judges of Bexar County have not done anything to remove the Probation dept director who is to blame for your mishap.

The only adivse I could give you is to file a lawsuit and tell your story to as many people, news organizations and advocacy groups you can find. Start with ACLU.

Alright so Cline does not do so well with a a skilled and prepared reporter. He has the questions and his method of trapping ready. As most reporters he to knows the answers to his own questions. So yes he does do better. But anyway, we keep talking about the many who were wrongfully arrested, and I only hear of one defendant that is filing a lawsuit along with Simonelli.

Thats strange to me. If a probationer had something on a probation officer or the department I'm sure they would of jumped on the wagon. The peoples lawyer Van Os I'm sure would also extend a helping hand since he is getting paid. In fact he may be the biggest winner when all is said and done. So keep that in mind. But where are, and who are all these probationers who were wrongfully arrested? Does anyone have a count of those wrongfully arrested? Does anyone have a count of those that were sent to prison for false positives? I would say just one would be to many, and yes something should be done. But where are the numbers? If taking blood and smearing the department is still the real agenda, why not bring these situations to the open? Keep smearing right? You can't say it will affect the lawsuit - there is only one defendant on the lawsuit. You can't say they will be retaliated against by the defendants Officer -I'm sure they have voiced the inaccurate u.a. result. So where is the rest of the story?

There was something I heard by Cline. She said there is more to this story than the u.a. lab. I'm thinking that may be true. This development of the u.a. lab which I don't deny did happen, goes further and further. Why does it go this far? Could it be Simonelli? I very much think so. Simonelli is out for her own cause. It's a personal battle with the Chief who danced all over her. The origianl lawsuit of retaliation was weakened due to Simonelli eagerness to suck up to the Chief. Well, since that didn't go well and she was played as a sucker, Simonelli lost a gasket. Since the gasket blew its all been a form of retaliation by Simonelli. The most that will be gained of this lawsuit might be the Chief saying I won't retaliate again. Big deal, Also, it will be in writing, big deal. I'm sure he will find a way if he really needs to. So much for a little gain. Whos to blame? Simonelli of course she met and kept working things out with the Chief. Meeting after meeting. She showed all could be find and dandy. That made the Chief look good and Simonelli is now out only leaving memories behind.

The lab situation could of been corrected and handled much differently. What happened to handeling things in a swift professional way. Well that was not the intent, it's now a smear game against the dept. to better Simonelli at everyones cost. Maybe thats why the Judges don't listen.

Maybe thats why the situation with Karla Escobar surfaced. Think about it. Would Simonelli (a pimp for gossip) let the story out? Would Simonelli sacrifice Karla? I think yes, I think damn right. Desperate messures for desperate times. And I don't mean the economy! You guys are still missing the picture.

For those of you that are thinking of heroism. Remember Heroes are people and people are flawed. Better yet keep in mind Heroing is one of the shortest professions there is. Who is out of a job?

Simonelli is a false positive. positive. Is the union moving the department forward? Maybe the union is also just interested in winning the lawsuit to avoid the loss of attorney fees. Remember I said to keep in mind who wins at the end. Paying $20.00 a month doesn't make sense for a union that is locked from making progress. I have said it before wake up.....

If your mission is to rid of the Chief, I think the USW and the quiet group (The Willful Negligent)need to reorganize and take a different approach.

Don't forget she will probably play politics as well. I wouldn't doubt she will try to help her after the exposure. But all along she gets the result of what she has been doing (all along) after her split w/ Fitzgerald. Smear, Smear, Smear. Don't forget the behavior the President exhibited when she turned in Ray Jimenez. Whats to gain? Who gained? It's a smear to better help her and the USW's case. Do the union members actually gain anything? Wheres the leadership?

I do think the leak was Simonelli. What an insul! Many have said she does lack honor. Some people have said many knew and some Managers knew, however based on the time factor Simonelli does appear to be the leak. Just on speculation and with the consideration of some facts the finger points towards Simonelli. Simply, if the Managers knew why would they want to expose it if they did not in the beginning. The poor soul was pregnant minding her own business. If other Officers knew maybe they would of exposed her if one of them got pist off at her. Again, the poor soul was pregnant minding her own business less involved with other Officers and caring more of herself and child. Now, if you think about it Simonelli on the other hand had something to gain. The timing factor also points to her. She is fired and home thinking all day. What can I do! What can I do! This thinking is for personal gain and not to better the department. It's to win a lawsuit that is in jeopardy. Well, if she discloses the Officer what happens? Well its what you clearly see. A smear on the department which is a smear on The Chief. It makes the Chief look stupid. Now, I'm not saying he's a smart man, but do we need to sacrifice an Officer to bring out the dirt? Does it help Simonelli? Is Simonelli smiling? Does it bring more attention to Simonelli? Is it a smear like the Lab dumping files? Who was out there looking? Who had the time? Simonelli.. I could go on, but it's a little sick, and its more sickening many don't see the evil. Simonelli has lost her mind. The followers need to be more courageous and see who has lost control. The union will go no where with the lack of honorable leadership.

Okay, Simonelli haters. The fact that she continues to fight the good fight shows she is made of true grit. I don't know anyone who is more concerned with justice. This isn't about her, unfortunately no one can stand the scrutiny that is required of her position. Her casework is above standards. I guarantee the outlaw and his friends are not. As far as her giving up a Union member. She didn't give up the those of you running The Bexar Me Blog. Point that finger at yourselves.

CA everyone can tell when you write !?Please get rid of CA the cuban shapeshifter and SC the slime ball of the department. CA is a racist and SC sells real estate out of his office every day. Check his internet usage. Since they are to stupid to figure out anything when they left the union and lawsuit they left with prejudice. There you go chief! They have no recourse for any type of lawsuit. They cannot file anything in any court if fired. Retaliate everyone against these guys who seek to destroy people just for fun and do not forget JG. Did you do your homework boys? Simonelli, good luck! We all know you are fighting the good fight and even if we are silent we are behind you....managers and admin may have to be silent for now but we know you are right. As part of admin ....I am sorry for the pain some of you have gone through. The truth is only a depo away! FYI ..... I have to laugh when you look at the big picture of this whole situation. Some may go to jail, some will lose their job and some will walk away with a mint of cash. Then you have some that will never see how bad this chief and decline have been and how many people have they played games with.I think we need to let the probationers know about all and then see how they want to treat the two real criminals while they are all in jail together. By the way PD decline needs flex cuffs! You know what you did with peoples livelihoods and soon we will all know what you did. Gtits will be able to really back up the willful negligence confirmation chant soon. GO GRITS

So you suffer at the hands of a medical professional, and you start researching for information about what has happened to you. As you trawl through medical and legal websites you come across information about medical negligence and clinical negligence. You are told that you can make a clinical negligence claim on one website, and on another that you must make a claim for medical negligence compensation. All you want to know is what has happened and how can you put it right and make sure it does not happen again to anyone else. Historically claims of this type were always referred to as medical negligence claims, but I believe when Lord Woolf introduced reforms to the legal claims process, the terminology was changed to clinical negligence. What matters to you though is that you can call it by whichever name is easier for you to remember. For the remainder of this article, I will stick with clinical negligence. For more details visit us at Medical negligence claims.

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